EPA v. ARCLIN USA LLC

Case summary

08/18/2025 - CONSENT AGREEMENT AND FINAL ORDER ISSUED ASSESSING A PENALTY OF $ 13,966.00. PENALTY DUE WITHIN 30 DAYS AFTER THE EFFECTIVE DATE OF THIS CAFO. ALLEGED VIOLATIONS: ON APRIL 18 - 20, 2023, THE EPA CONDUCTED AN ON-SITE INSPECTION OF THE RMPROGRAM RELATED RECORDS AND EQUIPMENT FOR THE PURPOSE OF ASSESSING THE RESPONDENT?S COMPLIANCE WITH THE RMPROGRAM REQUIREMENTS AND THE IMPLEMENTED RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES (RAGAGEP) FOR ITS COVERED PROCESS AT ITS FACILITY. ON MARCH 26, 2024, THE EPA ISSUED TO RESPONDENT A NOTICE OF POTENTIAL VIOLATION AND OPPORTUNITY TO CONFER (?NOPVOC?), PROVIDING NOTICE THAT THE EPA FOUND THAT RESPONDENT POTENTIALLY COMMITTED THE ALLEGED VIOLATIONS DESCRIBED IN SECTION V OF THIS CAFO AND PROVIDING RESPONDENT AN OPPORTUNITY TO CONFER WITH THE EPA. ON APRIL 23, 2024, AND JULY 15, 2024, REPRESENTATIVES OF RESPONDENT AND THE EPA HELD A MEETING TO DISCUSS THE NOPVOC. BASED ON EPA?S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 C.F.R. PART 68, THE CODIFIED RULES GOVERNING THE ACT?S CHEMICAL ACCIDENT PREVENTION PROVISIONS AND SECTION 112(R) OF THE ACT, 42 U.S.C. ? 7412(R), WHEN IT: (A) FAILED TO COMPILE WRITTEN PROCESS SAFETY INFORMATION PERTAINING TO EQUIPMENT IN THE PROCESS THAT SUFFICIENTLY INCLUDED MATERIAL AND ENERGY BALANCES, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(1)(VII); (B) FAILED TO ENSURE AND DOCUMENT THAT ITS PROCESS IS DESIGNED AND MAINTAINED IN COMPLIANCE WITH RAGAGEP, AS REQUIRED BY 40 C.F.R. ? 68.65(D)(2); (C) FAILED TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES THAT PROVIDE CLEAR INSTRUCTIONS FOR SAFELY CONDUCTING ACTIVITIES INVOLVED IN EACH COVERED PROCESS CONSISTENT WITH THE PROCESS SAFETY INFORMATION, AS REQUIRED BY 40 C.F.R. ? 68.69(A); (D) FAILED TO CONDUCT INSPECTIONS AND TESTING PROCEDURES ON PIPING, AS REQUIRED BY 40 C.F.R. ? 68.73(1), AND FOLLOWING RAGAGEP FOR PRESSURE VESSELS, AS REQUIRED BY 40 C.F.R. ? 68.73(D)(2); AND (E) FAILED TO DOCUMENT THE RESULTS OF EACH INSPECTION AND TEST THAT HAS BEEN PERFORMED ON PROCESS EQUIPMENT, AS REQUIRED BY 40 C.F.R. ? 68.73(D)(4).

Defendants (1)

• ARCLIN USA LLCNamed in complaintNamed in settlement

Facilities (4)

• ARCLIN USA LLC

  14139 US-84, ANDALUSIA, AL, 36420-1224

  Registry ID: 110056954880

• ARCLIN USA LLC

  14139 US-84, ANDALUSIA, AL, 36420-1224

  Registry ID: 110056954880

• ARCLIN USA LLC

  14139 US-84, ANDALUSIA, AL, 36420-1224

  Registry ID: 110056954880

• ARCLIN USA LLC

  14139 US-84, ANDALUSIA, AL, 36420-1224

  Registry ID: 110056954880

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• ARCLIN USA LLCentered 2025-08-18

  Primary law: CAA

  Federal penalty: $13,966 · SEP: $52,372

Timeline (3 milestones)

• 2025-08-18Final Order Issued
• 2025-08-18Complaint Filed/Proposed Order
• 2025-09-02Enforcement Action Data Entered